September 11th 1999

Planning control extended to forestry

By Hugh Scanlan

The 1999 Planning and Development Bill, published this week by the Minister for the Environment, Noel Dempsey, proposes to remove the general exemption from planning control that has applied to forestry.

However, in a key concession, the Bill continues to exempt forestry operations including thinning, felling, replanting, and ancillary works associated with these activities, from planning control.

In effect, this means that planning control is to be extended to new afforestation and it will also apply to situations where broadleaf sites are to be reforested with conifers. Crucially, the bill does not specify the scale of planting at which planning approval will be required but it can be assumed that it will lower than the current figure of 70 hectares (175 acres) above which an Environmental Impact Assessment is required.

This new level will be introduced by Ministerial regulation, at a later date, following further consultation with interested parties, in particular, the Forest Service. The removal of the general exemption for forestry was expected but there will be relief in the sector that forestry operations, such as thinning and clearfelling, have retained their exemption. The bill aims to put the concept of sustainable development at the heart of the planning system so, clearly, this will become a central factor in deciding on what is a suitable plantation.

Other proposals in the bill which are likely to be of interest to farmers include -

• The removal of the blanket exemption from planning permission for peat extraction.
• Radical new provisions to secure social and affordable housing which will allow Local Authorities to obtain up to 20 percent of the land in a proposed development, at agricultural prices. It remains to be seen whether or not this measure will bring down the value of development land as the developer may, simply, add the cost onto the price of the houses.
• Responsibility for CPOs relating to such things as motorway and water treatment works, will be transferred to An Bord Pleanala, which will operate a new streamlined system to speed up the process.
• The planning application process is to be streamlined and, where further information is sought, a decision will have to be given within four weeks.

IFA seek clarification

Commenting on the provisions of the new Bill, IFA environment committee chairman Aidan Larkin said the association would be seeking urgent clarification on the impact on farmers of certain aspects of the new Bill.

He said he would be concerned if any new regulations would hinder and discourage farm forestry and therefore effectively favour large scale corporate plantatations whose backers would have the resources and financial muscle to go through the planning process.

Aidan Larkin also said that IFA would be seeking further information on the new provision in the Bill for Landscape Conservation Areas (LCAs) which will allow planning authorities to control developments such as afforestation, removal of hedges and ditches and land reclamation.

"There is a danger that these provisions could be used by some local authorities to restrict farm development and prevent works to improve efficiency at a time when Irish agriculture needs to develop and become more competitive", he said.

"Our concerns must be satisfied or we will be raising the issues of appeals against LCA designation and compensation for farmers affected".

Referring to the proposal to include environmental considerations under the remit of the Planning Authorities Aidan Larkin said that this raised a further unnecessary hurdle for farmers wishing to develop, particularly in the pigs and poultry sectors, because the Environment Protection Agency already subjects IPC licence applications to intense scrutiny.

He said he would also be examining more closely the provisions on housing development on the basis that farmers were entitled to receive a fair price for land sold for housing.